Seyfarth Synopsis: On May 4, 2017, New York’s highest court, the Court of Appeals, held that the New York State Human Rights Law (“NYSHRL”) prohibits employers from discriminating on the basis of criminal conviction history....more
Seyfarth Synopsis: Businesses banded together to challenge, on First Amendment and Due Process grounds, the pay equity Ordinance which would ban inquiries into prospective employees’ prior salaries. The Ordinance, which was...more
4/26/2017
/ Commerce Clause ,
Disparate Treatment ,
Due Process ,
First Amendment ,
Fourteenth Amendment ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Home Rule States ,
Local Ordinance ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
Wage and Hour
Seyfarth Synopsis: The California Fair Employment and Housing Council (“FEHC”) has approved new regulations, effective July 1, 2017, to limit employers’ use of criminal history when making employment decisions....more
Seyfarth Synopsis: The City of Los Angeles recently issued its Rules and Regulations Implementing the Fair Chance Initiative For Hiring (Ban the Box) Ordinance, providing critical guidance to employers on compliance with the...more
2/22/2017
/ Ban the Box ,
Criminal Background Checks ,
Employer Liability Issues ,
Exceptions ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Local Ordinance ,
Notice Requirements ,
Posting Requirements ,
Record Retention
The District of Columbia has become the newest jurisdiction to prohibit employers from inquiring into their job applicants’ and current employees’ credit information. ...more
Seyfarth Synopsis: The City of Los Angeles recently issued its anticipated Rules and Regulations Implementing the Fair Chance Initiative For Hiring (Ban the Box) Ordinance, providing critical guidance to employers on...more
2/3/2017
/ Ban the Box ,
Criminal Background Checks ,
Employer Liability Issues ,
Fair Chance Act ,
Hiring & Firing ,
Interviews ,
Job Applicants ,
Local Ordinance ,
Notice Requirements ,
Posting Requirements ,
Record Retention
Seyfarth Synopsis: The Los Angeles Fair Chance Initiative for Hiring (the “Ordinance”) imposes a host of new unlawful hiring practices upon private employers regarding inquiries into criminal convictions. Chief among them, an...more
1/31/2017
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Chance Act ,
Fines ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Notice Requirements ,
Penalties ,
Posting Requirements ,
Record Retention ,
Unlawful Hiring Practices
Seyfarth Synopsis: Philadelphia is the next jurisdiction to prohibit employers from inquiring into job applicants’ wage history during the employment application process. ...more
Seyfarth Synopsis: Philadelphia is positioning to be the next jurisdiction to prohibit employers from inquiring into jobapplicants’ wage history during the employment application process....more
Seyfarth Synopsis: The Legislature of the State of Texas has introduced a new bill designed to create uniformity within its borders by prohibiting municipalities and counties from micro-managing the particular steps involved...more
12/23/2016
/ Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Hiring & Firing ,
Job Applicants ,
Legislative Agendas ,
Local Ordinance ,
Municipalities ,
Pending Legislation ,
State and Local Government ,
Uniformity
Seyfarth Synopsis: Effective July 1, 2017, the Los Angeles Fair Chance Initiative for Hiring (the “Ordinance”) imposes a host of new unlawful hiring practices upon private employers regarding inquiries into criminal...more
12/12/2016
/ Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Chance Act ,
Fines ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Notice Requirements ,
Penalties ,
Posting Requirements ,
Record Retention
Seyfarth Synopsis: Effective July 7, 2016, employers in Philadelphia are prohibited from procuring or using an applicant’s or employee’s credit history for employment purposes.
On June 7, 2016, Philadelphia Mayor...more
On June 27, 2016, the U.S. Court of Appeals for the Fifth Circuit handed a victory to the State of Texas in Texas v. EEOC , No. 14-10949 (5th Cir. June 27, 2016), by remanding back to the district court the case it dismissed...more
6/29/2016
/ Appeals ,
Article III ,
Corporate Counsel ,
Criminal Background Checks ,
Criminal Records ,
Disparate Impact ,
Equal Employment Opportunity Commission (EEOC) ,
Final Guidance ,
Hiring & Firing ,
Imminent Harm ,
Legitimate State Interest ,
Regulatory Burden ,
Standing ,
Title VII
Seyfarth Synopsis: Connecticut amends its “ban the box” law with regard to employers and modifies technical requirements for consumer reporting agencies. The law is an expansion of Connecticut’s current law, and places...more
Seyfarth Synopsis: As cities across the nation adopt “ban the box” legislation that regulates private employers’ ability to inquire into applicants’ and employees’ criminal histories, employers face a nuanced gauntlet of...more
Effective April 4, 2016, Austin’s Fair Chance Ordinance (the “Ordinance”) imposes a host of new unlawful hiring practices upon private employers regarding inquiries into criminal convictions. Chief among them, an employer...more
Today, the New York City Commission on Human Rights (“NYCCHR”), held a public hearing on the proposed amendments to the Fair Chance Act (“FCA”), which prohibits unlawful discrimination on the basis of criminal history against...more
Seyfarth Synopsis in a Second: As of March 14, 2016, employers in Philadelphia are required to post a new poster on their website and premises and are prohibited from inquiring about an applicant’s criminal background during...more
The New York City Commission on Human Rights (“NYCCHR”) has published proposed amendments to the Fair Chance Act (“FCA”), which prohibits unlawful discrimination on the basis of criminal history against job applicants and...more
The New Jersey Department of Labor and Workforce Development issued its final regulations, effective immediately on December 7, 2015, clarifying the requirements of the state-wide ban-the-box law, also known as the...more
On December 15, 2015, Philadelphia passed an upgrade of its “ban the box” law, the Fair Criminal Records Screening Standards Ordinance. In 2011, Philadelphia led the pack by becoming the first U.S. city to pass an ordinance...more
On November 5, 2015, the New York City Commission on Human Rights released its long awaited Enforcement Guidance governing the New York City Fair Chance Act, which makes it unlawful to request or consider an applicant’s...more
Given the imminent effective date of New York City’s Fair Chance Act, employers may be wondering what they need to do to comply with the law. As many employers are aware, effective October 27, 2015, the Fair Chance Act...more
10/26/2015
/ Adverse Employment Action ,
Background Checks ,
Conditional Job Offers ,
Credit Discrimination ,
Credit Reports ,
Criminal Background Checks ,
Criminal Records ,
Employee Training ,
Employer Liability Issues ,
Employment Application ,
Exceptions ,
Fair Chance Act ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
New Legislation ,
Notice Requirements ,
NYCCHR ,
NYCHRL ,
SCDEA
Oregon will soon become the seventh state to enact "ban the box" legislation prohibiting private employers from inquiring about the criminal histories of job applicants on employment applications. On June 25, 2015, Oregon...more